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below that of the production of synthetic rubber. We cannot assume,
in the absence of more specific evidence, that the failure of the United States
to develop the production of synthetic rubber was due to the withholding of
information by Farben.
In the field of propaganda, intelligence, and
espionage, we find that there was activity on the part of Farben's agents with
reference to industrial and commercial matters. German industry and the
superiority of German goods were advertised and extolled. Some praise of the
German Government appeared from time to time, but we cannot reach the
conclusion that the advertising campaigns of Farben were essentially for the
purpose of emphasizing Nazi ideology. Neither do we give great significance to
the fact that the agents were instructed to avoid advertising in journals
hostile to Germany. Such advertising policy would seem compatible with business
judgment arid would be without political significance. The so-called espionage
activities of the Farben agents were confined to commercial matters. These
agents from time to time reported to Farben information obtained with regard to
industrial and commercial development in fields of Farben business interests,
particularly with regard to competitors. There is no evidence of reports
concerning military or armament matters. Some of the information received by
Farben from its agents was turned over to the Reich officials. The evidence
clearly shows that Farben was constantly under pressure to gather and furnish
to the Reich information concerning industrial developments and production in
foreign countries. Farben’s reluctance to comply, even to the full extent
of information actually received, indicates a lack of cooperation which
negatives participation in a conspiracy or knowledge of plans on the part of
Hitler to wage aggressive war.
We have discussed the defendant Krauch,
who held certain official positions with both Farben and the Reich; the
defendant Schmitz, who was chairman of the Vorstand; the defendant von
Schnitzler, who was the leading man in the commercial group of Farben; and the
defendant ter Meer, who was the foremost technical expert and who also exerted
considerable influence in the administration of affairs of the organization. In
each instance we find that they, in more or less important degrees,
participated in the rearmament of Germany by contributing to her economic
strength and the production of certain basic materials of great importance in
the waging of war. The evidence falls far short of establishing beyond a
reasonable doubt that their endeavors and activities were undertaken and
carried out with the knowledge that they were thereby preparing Germany for
participation in an aggressive war or wars that had already been planned either
generally or specifically by Adolf Hitler and his immediate circle of Nazi
civil and military fanatics. |
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